TERMS AND CONDITIONS OF SUPPLY

Who we are and how you can contact us

We are New Driveway Company Ltd (registered number 08393573) with our contact address being Unit 3, Thames Park, Lester Way, Wallingford OX10 9TA.

If you need to get in contact with us you can call us on 01865 341000, or email darren@newdrivewaycompany.com, or write to us at the above address.

Placing your order

Once you are happy with the quote and wish to proceed please contact us to let us know. We will confirm with you the order details with you and send a confirmation. This is the point that a legally binding contract between us is created, based on these terms and conditions.

Payment

The cost and payment terms of your order will be as outlined in the quote that you will have accepted. Below is a summary of the payment details:

  • 25% on acceptance of our quote
  • 75% on practical completion*

(* Practical completion is defined as when works has finished and any snagging items have been agreed and a date arranged for these to be addressed. 10% of the final payment may be retained by the client until all snagging items listed have been made good)

Delivery and Installation

Our quote will have provided an estimated delivery date and estimated timescales for completion of the works. We will confirm these dates once we have certainty regarding them. Please note that the dates on our quote are best estimates only and may be subject to change depending on a variety of factors. We will let you know if there is any change to these dates and will agree alternate dates with you.

As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, we are not allowed to commence any work until after your cancellation period of 14 days has ended. More details about your right to cancel can be found later in these terms. If you want us to start the works before this period is over you must complete and return to us the “Cancellation Waiver” that has been provided to you as part of your quote. If you do not return this to us then we will not able to commence the works until after the 14 day cancellation period has ended and we will not be liable to you for any delays or costs that may arise from this.

There may be situations that arise, or things that we discover whilst completing the works that mean that the works takes longer than originally estimated. We will try to complete the works within the timescales provided in the quote but will not be liable if we are not able to do so.

It is our responsibility to:

  • Provide, and pay, any tradespeople required to complete the installation;
  • Provide any plant and machinery required to complete the installation;
  • Provide all tools and equipment required to complete the installation;
  • Provide any certificates relate to the installation that may be required to confirm its compliance with any laws, regulations or codes of practice.

It is your responsibility to satisfy yourself whether any form of building regulations inspections and/or approval, or if any planning permission is required for the work we are doing. We will not advise on this and will not be responsible to you in any way if the work we are doing does require a formal buildings inspection or any form of planning permission.

You understand that we will need to use heavy plant and machinery. Whilst we will try our hardest to minimise the mess getting such machinery on site causes, and we will put right any damage to your property, we will not be liable to you for any cleaning costs associated with cleaning your property arising from the works we are doing. It is also your responsibility to notify your neighbours about the work we are doing.

There may be times where we have to shut-off certain utilities (such as gas, electricity and/or water) to enable us to safely complete the work. We will try to minimise the disruption this will cause, and we will always tell you in advance of us doing so.

We will do what we can to complete the works within the timescales outlined in the quote. The nature of building work means that delays can happen for a number of reasons, including, site conditions, weather conditions and availability of equipment and raw materials. We will not be liable to you for any losses arising from any delay to the completion of the works where the delay was outside of our control.

When conducting the survey of the site prior to preparing the quote we will do our best to identify any issues with the site that may hinder our ability to complete the works. The survey is not a comprehensive survey of the land and we cannot guarantee that it will identify all issues that may arise once work commences. Where this situation occurs we will alert you of it as soon as we can and will discuss with you what work needs to be undertaken to remedy the situation, and any additional costs that may be payable for the additional work required.

As the site will be a building site we ask that you do not unnecessarily enter the site or chat with our workers whilst they are working. We cannot provide you with protective equipment so cannot guarantee your safety if you do enter the building site.

Before we leave the site each day we will, so far as we can, make the site safe. Whilst the build is ongoing please do not enter the building site as doing so could put you in danger, or could damage work that is being undertaken, delaying the completion of the works and, potentially, increasing the costs of the works. It is your responsibility to ensure the security of the site and we will not be liable for any loss or damage caused to the site, or your home, whilst we are not on site. We will never leave any tools or equipment on site overnight.

In accordance with your rights in law, we warrant that:

  • Anything that we supply to you shall be:
    • fit for any purpose that it was manufactured and that we have agreed with you in writing; and
    • of satisfactory quality
  • Any service that we provide to you (for example, completing of the survey and the completion of the works) will be provided with reasonable skill and care.

When completing the works we may come across things that mean we have to alter how we complete the works, the agreed specification, or the exact location of the works. Where this is the case any changes we make will not have any material negative impact on the end product. If there is something that we feel needs changing and that will have a material negative impact we will let you know as soon as possible and discuss and agree what changes to make, including any change to the costs associated with such changes.

What we need you to do

Before we arrange for the delivery of any materials and start the works we will send to you our pre-delivery guidance. Please read this and make sure you understand it fully as it will really help ensure that everything goes as smoothly as possible. Please also ensure that you follow any instructions outlined in the guidance as it will ensure that we are able to complete our work as efficiently as possible.

After completion of the works

Once we have completed the works, we will complete a site inspection with you to make sure that you are happy with the work we have done. Once we have completed the inspection we will prepare a handover document that we will ask you to sign confirming that you are happy with the work that has been done. We will also provide you with any other certificates that may be required to prove the works comply with any relevant regulations.

If, once we have left site, you have any concerns about the work we have done please contact us and we will do all we can to help.

Complaints

Please contact us using the contact information above or on your quote. We will do everything we can to deal with any concerns you may have.

Cancellation and termination

This is a contract that falls within the scope of the Consumer Rights Act 2016 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (also known as the Consumer Contract Regulations) and, as such, you may have the right to cancel the contract, within 14 days of the contract being entered into, without liability.

Where you do have the right to cancel, as per regulations 28 to 30 of the Consumer Contract Regulations, the 14 day cancellation period ends at the end of the 14th day after the day on which the contract has been entered into. The contract between us is considered as entered into on the date that we have sent you confirmation that your order has been accepted, following you accepting our quote. As an example, if the contract was entered into on the 1st of January, your right to cancel would expire at the end of the 15th January. If you do have the right to cancel, and you wish to exercise that right, please let us know. We will accept cancellation in any form, so long as it is clear that it is your intention to cancel the contract. You can use the Cancellation Form that will be provided to you with your quote.

There are situations where you will not have the right to cancel the contract without liability. These are:

  • Where what we are supplying has been bespoke made to your specification and, as such, would not able to be sold to another customer (regulation 28(1)(b) of the Consumer Contract Regulations); or
  • Where you have specifically requested we commence the works during the 14 day cancellation period and have completed and returned to us the Cancellation Waiver Form that was provided to you as part of your quote.

In addition to the right to cancel, you can terminate the contract between us, but only in very specific circumstances, which are as follows:

  • We have notified you that we are unable to supply the exact specification that you have ordered and you are not happy with the alternatives that we have suggested;
  • We have notified you that the date for delivery and installation is going to be delayed by more than 30 days from the original agreed delivery date and you are unwilling to wait for the delivery;
  • We have committed a material breach of contract that, having been given chance to fix the breach, we have been unable to do so. A material breach of contract is anything that we do wrong that is sufficiently serious that it means that you feel that you can no longer trust us to complete the works, in accordance with our obligations in these terms.

If you do wish to terminate the contract for one of the reasons outlined above, please contact us to discuss the situation. Any notice of termination must be in writing (email is acceptable for this purpose).

If you terminate the contract for any of the above reasons, and we agree that such termination is fair and in accordance with these terms, we will refund you all monies that you have paid us. We will remove any materials that we have delivered and/or installed and will, so far as we can, put right any damage or mess we have caused to your property. We cannot and will not guarantee that your property will be in the same condition as before we arrived.

We can terminate the contract between us, but only in very specific circumstances, which are as follows:

  • You have not paid all monies owed to us by the date they are owed and after having waited 14 days after we have asked you to pay outstanding monies owed to us;
  • You do anything that makes it difficult, or impossible, for us to complete any aspect of our works and do not fix such issues within a reasonable time of us asking you to do so;
  • You behave in any way towards us, or our staff, that is offensive, discriminatory, or dangerous such that any, or all, of our staff do not feel safe or comfortable working on your site.

If we terminate the contract for any of the above reasons we will retain all monies that you have paid to us and will leave all materials on site, unless you ask us to remove them and agree to any reasonable charges we may incur in effecting such removal. We will make the site as safe as we reasonably can before we leave and will, so far as we can, put right any damage or mess we have caused to your property. We cannot and will not guarantee that your property will be in the same condition as before we arrived.

Liability

We do not limit or exclude liability for death or personal injury that has been caused by our negligence. Nor do we exclude liability where it would be unlawful for us to do so, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987

We will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover whilst on site and completing the works.

As we are selling to you as a consumer we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from any breach of contract by us.

We have in place the following insurance policies, insured up to the value stated, that cover the work we do:

  • Public liability insurance – £5,000,000
  • Employer’s liability insurance – £10,000,000
  • Professional indemnity insurance – £100,000

Data protection

As part of our order process we will collect personal data about you. Personal data is any information that can be used to identify you as a person.

Please read our privacy policy, which can be found here: https://newdrivewaycompany.com/privacy-policy/ for a detailed explanation of what personal data we collect and how we use it.

As an overview, we will use the personal data you give to us for the following reasons:

  • To contact you regarding your order and to communicate with you throughout the order process;
  • To keep in contact with you after we have completed the works to make sure you are happy with your purchase; and
  • Where you agree to it, to send you information that we think you may find useful.

If you have any questions or concerns about how we are collecting and using your personal data, please contact us and we will happily discuss it with you.

General

We may transfer our rights and obligations under this agreement to someone else. This includes our right to use subcontractors to complete any works required.

The contract between us is personal to you and you cannot transfer it to anyone else without our consent. This also means that you are the only person to have rights under the contract and no one else can attempt to enforce any of the terms of this contract against us.

If, for whatever reason, a court decides that any term of this contract is unenforceable, then that specific term will be removed but the remainder of the contract shall remain fully in force and effect.

These terms, and the contract between us, are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Unexpected Price Increases

Due to worldwide uncertainty in the construction/building industry at the present time leading to unexpected shortages and price increases to materials, we reserve the right to amend your quote if the price of materials needed increases significantly from the date of your quote to the time of installation. We will of course inform you of these increases and how it affects your quote prior to the start of your project and send you an amended quote for you to agree before we move forward. We want to assure you that unless we absolutely have to we will not change from our original quote.